The Justice Department directs an existing unit called Squad I-49 to begin building a legal case against bin Laden. This unit is unusual because it combines prosecutors from the Southern District of New York, who have been working on bin Laden related cases, with the FBI’s New York office, which was the FBI branch office that dealt the most with bin Laden -related intelligence. Patrick Fitzgerald effectively directs I-49 as the lead prosecutor. FBI agent Dan Coleman becomes a key member while simultaneously representing the FBI at Alec Station, the CIA’s new bin Laden unit (February 1996) where he has access to the CIA’s vast informational database. [Lance, 2006, pp. 218-219] The other initial members of I-49 are: Louis Napoli, John Anticev, Mike Anticev, Richard Karniewicz, Jack Cloonan, Carl Summerlin, Kevin Cruise, Mary Deborah Doran, and supervisor Tom Lang. All are FBI agents except for Napoli and Summerlin, a New York police detective and a New York state trooper, respectively. The unit will end up working closely with FBI agent John O’Neill, who heads the New York FBI office. Unlike the CIA’s Alec Station, which is focused solely on bin Laden, I-49 has to work on other Middle East -related issues. For much of the next year or so, most members will work on the July 1996 crash of TWA Flight 800, because it crashed near New York and is suspected to have been carried out by Middle Eastern militants (July 17, 1996-September 1996). However, in years to come, I-49 will grow considerably and focus more on bin Laden. [Wright, 2006, pp. 240-241] After 9/11, the “wall” between intelligence collection and criminal prosecution will often be cited for the failure to stop the 9/11 attacks. But as author Peter Lance will later note, “Little more than ten months after the issuance of Jamie Gorelick’s ‘wall memo,’ Fitzgerald and company were apparently disregarding her mandate that criminal investigation should be segregated from intelligence threat prevention. Squad I-49… was actively working both jobs.” Thanks to Coleman’s involvement in both I-49 and the CIA’s Alec Station, I-49 effectively avoids the so-called “wall” problem. [Lance, 2006, pp. 220]
August 29, 1997: Attorney’s Office Wins Partial Exception from ‘Wall’ Procedures
Mary Jo White, US Attorney for the Southern District of New York, which handles a lot of terrorism investigations, complains about the “wall” procedures regulating the passage of intelligence information to US attorneys and criminal agents at the FBI. The rules were recently formalized (see July 19, 1995), but she says that the 1995 procedures are building “unnecessary and counterproductive walls that inhibit rather than promote our ultimate objectives [and that] we must face the reality that the way we are proceeding now is inherently and in actuality very dangerous.” Following her complaints, an exception is created for the Southern District of New York Attorneys’ Office. The office works with the FBI’s I-49 squad, which handles international terrorism matters (see January 1996 and Late 1998-Early 2002). The FBI can now notify this office of evidence of a crime directly, without consulting the Justice Department. Once this is done, the office would then contact two units in the Justice Department, the Criminal Division and the Office of Intelligence Policy and Review. [US Department of Justice, 11/2004, pp. 29 
]
June 9, 1998: US Seizes Funds Connected to Hamas Operative and Al-Qadi
FBI agent Robert Wright, apparently frustrated that his Vulgar Betrayal investigation is not allowed to criminally charge Hamas operative Mohammad Salah and Saudi multimillionaire Yassin al-Qadi, gets a court order to seize $1.4 million in bank accounts and the Chicago house Salah owns. Wright says in the suit that the money is linked directly to al-Qadi and would be destined for terrorist activities. Wright uses a civil forfeiture law that had been frequently used to seize properties and funds of drug dealers or gangsters, but had never been used for accused terrorists. Salah had living in Chicago since his release from an Israeli prison in November 1997. A highly detailed affidavit tracks wire transfers from the US and Switzerland to specific Hamas attacks in Israel. Al-Qadi’s money was deposited in bank accounts controlled by Salah, who is called an important courier and financial agent for Hamas. Then Salah invested the money in BMI Inc., a real estate investment firm with ties to many suspected terrorism financiers (see 1986-October 1999). Some of the money is eventually withdrawn by Salah, brought to the West Bank, and given to Hamas operatives there (see 1989-January 1993). Salah denies the charges and says all the transfers were for charitable causes. Al-Qadi also claims innocence. [New York Times, 6/14/1998; United Press International, 5/30/2002; Wall Street Journal, 12/6/2002] However, a federal judge agrees to the defendants’ request for a stay order, and the suit is said to “languish” in a Chicago federal court. The funds remain frozen and Salah continues to live in his house. [Wall Street Journal, 9/25/2001] During the summer of 2001, the government will negotiate with Salah to settle the civil case, according to court records. [Chicago Tribune, 8/22/2004] The Justice Department will even move ahead with plans to return $1.4 million that Wright had seized from al-Qadi. But the transfer will be set for October 2001, “and the 9/11 attacks came first, prompting wiser minds at Justice to quash the move.” [New York Post, 7/14/2004] But also, in 2000, the parents of a US teenager said to have been killed by a Hamas attack in Israel will sue Salah and others for damaged based on this investigation, and they will win the suit in 2004 (see May 12, 2000-December 9, 2004). The US government will finally arrest Salah in 2004, and will charge him for many of the same offenses described in this 1998 case (see August 20, 2004). As of the end of 2005, al-Qadi has not been charged of any crime.
October 1998: Vulgar Betrayal Investigation Nearly Shut Down
Two months after the US embassy bombings in Africa (see 10:35-10:39 a.m., August 7, 1998), FBI agent Robert Wright and his Vulgar Betrayal investigation discover evidence they think ties Saudi multimillionaire Yassin al-Qadi to the bombings. Since 1997, Wright had been investigating a suspected terrorist cell in Chicago that was connected to fundraising for Hamas. They discovered what they considered to be clear proof that al-Qadi and other people they were already investigating had helped fund the embassy bombings. Wright asks FBI headquarters for permission to open an investigation into this money trail at this time, but the permission is not granted. Wright will later recall, “The supervisor who was there from headquarters was right straight across from me and started yelling at me: ‘You will not open criminal investigations. I forbid any of you. You will not open criminal investigations against any of these intelligence subjects.’” Instead, they are told to merely follow the suspects and file reports, but make no arrests. Federal prosecutor Mark Flessner, working with the Vulgar Betrayal investigation, later will claim that a strong criminal case was building against al-Qadi and his associates. “There were powers bigger than I was in the Justice Department and within the FBI that simply were not going to let [the building of a criminal case] happen. And it didn’t happen.… I think there were very serious mistakes made. And I think, it perhaps cost, it cost people their lives ultimately.” [ABC News, 12/19/2002] Flessner later will speculate that Saudi influence may have played a role. ABC News will report in 2002, “According to US officials, al-Qadi [has] close personal and business connections with the Saudi royal family.” [ABC News, 11/26/2002] Wright later will allege that FBI headquarters even attempted to shut down the Vulgar Betrayal investigation altogether at this time. He says, “They wanted to kill it.” [ABC News, 12/19/2002] However, he will claim, “Fortunately an assistant special agent in Chicago interceded to prevent FBI headquarters from closing Operation Vulgar Betrayal.” [Federal News Service, 6/2/2003] He claims that a new supervisor will write in late 1998, “Agent Wright has spearheaded this effort despite embarrassing lack of investigative resources available to the case, such as computers, financial analysis software, and a team of financial analysts. Although far from being concluded, the success of this investigation so far has been entirely due to the foresight and perseverance of Agent Wright.” [Federal News Service, 5/30/2002] When the story of this interference in the alleged al-Qadi-embassy bombings connection will be reported in late 2002, Wright will conclude, “September the 11th is a direct result of the incompetence of the FBI’s International Terrorism Unit. No doubt about that. Absolutely no doubt about that. You can’t know the things I know and not go public.” He will remain prohibited from telling all he knows, merely hinting, “There’s so much more. God, there’s so much more. A lot more.” [ABC News, 12/19/2002]
July 1999: Campaign Finance Report Criticizes ‘Wall’ Procedures
The Justice Department’s Office of Inspector General issues a report into the FBI’s use of intelligence information in an investigation into campaign finance, and this report is critical of the “wall”. The “wall” regulates the passage of some information from FBI intelligence investigations to criminal FBI agents and prosecutors, to ensure such information can legitimately be used in court (see Early 1980s). After the procedures were formalized (see July 19, 1995), the FBI drastically reduced its consultations with Justice Department attorneys about intelligence investigations, because any consultation with such attorneys could result in an intelligence warrant not being granted, as it may lead authorities reviewing a warrant application to conclude that the warrant was really being sought for a criminal investigation, not an intelligence investigation. The result is that the FBI does not ask for input from prosecutors until it is ready to close an intelligence investigation and “go criminal.” The campaign finance report finds that FBI failed to disclose some information from intelligence investigations not only to Congress and the Attorney General, but also to its own Director, Louis Freeh. The “wall” procedures are found to be vague and ineffective, as well as misunderstood and often misapplied. [US Department of Justice, 11/2004, pp. 32-33 ] The “wall” procedures are also criticized by other reports (see May 2000).
Early December 1999: US Takes Action to Stop Al-Qaeda Millennium Bombing Plot
The CIA learns from the Jordanian government about an al-Qaeda millennium bombing plot in that country (see November 30, 1999). Further, the CIA concludes more attacks are likely soon, including some inside the US (see December 8, 1999). Counterterrorism “tsar” Richard Clarke is told of this, and he implements a plan to neutralize the threat. [Clarke, 2004, pp. 205, 211] The plan, approved by President Clinton, focuses on harassing and disrupting al-Qaeda members throughout the world. The FBI is put on heightened alert, counterterrorism teams are dispatched overseas, a formal ultimatum is given to the Taliban to keep al-Qaeda under control, and friendly intelligence agencies are asked to help. There are Cabinet-level meetings nearly every day dealing with terrorism [Washington Post, 4/2/2000; Associated Press, 6/28/2002] All US embassies, military bases, police departments, and other agencies are given a warning to be on the lookout for signs of an al-Qaeda millennium attack. One alert border agent responds by arresting terrorist Ahmed Ressam (see December 14, 1999), which leads to the unraveling of several bombing plots (see December 15-31, 1999). No terror attacks occur. However, Clarke claims the FBI generally remains unhelpful. For example, around this time the FBI says there are no websites in the US soliciting volunteers for training in Afghanistan or money for terrorist front groups. Clarke has a private citizen check to see if this is true, and within days, he is given a long list of such websites. The FBI and Justice Department apparently fail to do anything with the information. [Newsweek, 3/31/2004]
December 1999: Think Tank Study: Terrorist Attacks on US Chemical Facilities Easy, Potentially Devastating
A RAND Corporation study finds that an attack on American chemical facilities (see April 1999) would be one of the simplest and most effective methods for potential terrorists to inflict harm on large numbers of people. Congress directs the Justice Department to conduct a study on the vulnerability of chemical plants to criminal and terrorist attacks, but the department, citing funding shortfalls, fails to complete the report. [Roberts, 2008, pp. 93]
February 19, 2000: US Said to Be Investigating 30 Charities for Supporting Terrorism, But No Action Until After 9/11
The New York Times reports that “In recent months, American officials have circulated within the government a list of more than 30 groups that they are examining for links to terrorism, at least two of which are based in the United States.” The only groups specifically mentioned as being on the list are: [New York Times, 2/19/2000] 
The Islamic African Relief Agency (IARA), a charity said to be tied to the government of Sudan, which the US officially lists as a terrorism sponsor. The State Department’s USAID program gave the IARA two grants in 1998 worth $4.2 million for work in Mali, then later cancelled the grants (see November 1996-Late December 1999). The Holy Land Foundation, based in Richardson, Texas. The Global Relief Foundation, also based in Richardson, Texas. Human Concern International, a Canadian-based group shut down by Canada in 1997.
The US government is said to be stepping up investigations into such charities, and talking to countries in the Persian Gulf about their support of specific charities. “But officials said Washington had been reluctant to interfere in a domain safeguarded by constitutional guarantees of free association and separation of church and state. In addition, officials said, they lacked evidence that could be used in public court proceedings.” [New York Times, 2/19/2000] Later in 2000, the State Department will ask its USAID program not to give aid to Holy Land any more. It will cite the payments the charity gives to the families of suicide bombers. [New York Times, 8/25/2000] But aside from this one minor step, the US will take no actions against any of the four named charities until after 9/11. Three of the charities will be shut down shortly after 9/11 (see December 4, 2001; October 12, 2001), while in 2004 the IARA will be shut down for providing “direct financial support” to al-Qaeda. [New York Times, 8/25/2000]
March 10, 2000: Review of Counterterrorism Efforts Show Continued Worries; Sleeper Cells Feared
National Security Adviser Sandy Berger chairs a Cabinet-level meeting to review the wave of attempted terror attacks around the millennium. There are counterterrorism reports that disruption efforts “have not put too much of a dent” into bin Laden’s overseas network, and that it is feared “sleeper cells” of al-Qaeda operatives have taken root in the US. It is recommended that the FBI and the Immigration and Naturalization Service should begin “high tempo, ongoing operations to arrest, detain, and deport potential sleeper cells in the United States.” Some ideas, like expanding the number of Joint Terrorism Task Forces across the US, are adopted. Others, like a centralized translation unit for domestic intercepts, are not. [9/11 Commission, 3/24/2004] In July 2004, it is revealed that the Justice Department is investigating Berger for taking classified documents relating to this review effort out of a secure reading room in 2003. Most of the documents are returned, but a few apparently are lost. [Associated Press, 7/20/2004; Washington Post, 7/22/2004]
May 2000: ’Wall’ Procedures Criticized by Another Report
A Justice Department report into the handling of the Wen Ho Lee investigation attacks the “wall” procedures. The “wall” regulates the passage of some information from FBI intelligence investigations to criminal FBI agents and prosecutors, to ensure such information can legitimately be used in court (see Early 1980s). After the procedures were formalized (see July 19, 1995), they were criticized in a 1999 Justice Department report (see July 1999). The Wen Ho Lee report finds that additional requirements imposed by the Office of Intelligence Policy and Review (OIPR) at the Justice Department (see (Late 1995-1997)) that hamper consultations between agents on intelligence investigations and attorneys at the Justice Department’s Criminal Division are actually in contravention of the procedures specified in the original 1995 memo. The report states, “It is clear from interviews… that, in any investigation where [the Foreign Intelligence Surveillance Act (FISA)] is employed or even remotely hoped for (and FISA coverage is always hoped for), the Criminal Division is considered radioactive by both the FBI and the OIPR.” It also says that the FBI’s deputy director has told agents that contacting prosecutors without the OIPR’s permission is a “career stopper.” Another report, published in July 2001, finds that some improvements have been made in this area, but recommends further steps. [US Department of Justice, 11/2004, pp. 33-36 ]
